Give People A Way Off Child Abuse And Neglect Registry

EDITORIALThe Hartford Courant

Should those on the state's Child Abuse and Neglect Registry be allowed, after time has passed, to question whether they should still be so listed?

Yes, says the state Department of Children and Families, which maintains the registry. No, say several legislators, most notably Senate Minority Leader John McKinney of Fairfield and Sen. Michael McLachlan of Danbury.

The senators have asked Gov. Dannel P. Malloy to put an end to such appeals.

It is certainly true, as the senators and others argue, that the safety of children must be a top priority. But it's hard to see why it would be wrong to allow those listed to demonstrate, if they can, that they are no longer a threat to young people.

Some who were put on the registry before 2000 were not allowed to explain or defend themselves at the time; there was no due process. The procedure has since been changed.

And the abuse registry is separate from the sex offender registry. People convicted of nonviolent sexual offenses against minors are on that registry for 10 years; those convicted of violent sex offenses are on for life.

A bill involving the Child Abuse and Neglect Registry was considered by the legislature this year. The senators claim that after the bill went nowhere, DCF did an end run around lawmakers by implementing a hearing policy on its own.

Sen. McKinney said he thinks DCF Commissioner Joette Katz "exceeded her authority in making the policy change."

DCF flatly denies that there has been a policy change, arguing that existing state law, the Uniform Administrative Procedure Act, has for years provided a process for applying to be taken off the registry. DCF's appearance before the legislature was simply an effort to refine the process by setting a time limit for appeals, the department says.

Regardless of whether there has been a policy change, allowing hearings is both fair and reasonable.

Sen. McKinney is right that "those who beat children with belts, put cigarettes out on their bodies, lock them in closets or otherwise abuse and torment children should not be appeased."

But some people are on the registry because they had been negligent in the past — a mother had left her child with siblings too young for the responsibility, for example, or she was too impaired to care for her child. The number of cases of neglect far outnumber the number of cases of abuse and torture.

Being listed on the registry is often a barrier to many types of employment. If the DCF hearing board sets the bar high, but an applicant believes she can clear it — if, for example, she drank to excess but has been sober for years — that person should have a chance to be heard.